DUNI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) The facts of the case, which are not in dispute, are as follows, The applicant is an ex -serviceman and is presently posted as a clerk in the Zila Sainik Welfare Office, Kulu. He had joked the Army as a Combatant Clerk in 1963 and was released on pension on 1 -9 -1982. In February 1985, he was selected and nominated by the State Selection Committee, Ex -Servicemens Cell, established under the Directorate of Employment and Training, for appointment as a clerk in Zila Sainik Welfare Office, Kulu. Pursuant to the said selection/nomination, the applicant was appointed as a clerk in the said office in the scale of Rs. 400 -600 vide appointment order Annexure A -2, dated 18th February, 1985. He joined the Zila Sainik Welfare Office, Kulu, as a clerk on 26th February, 1985, and is working as such since then.

(2.) On re -employment in the Zila Sainik Welfare Office, Kulu, the applicants pay was fixed at Rs. 495 p. m. plus Rs. 13.50 as personal pay to be absorbed in future increments. The order of fixation of salary is Annexure A -6, dated 26th July, 1986. Not satisfied with the said fixation of pay, the applicant made a representation, Annexure A -7, which was rejected by the State Government vide its letter of 26th September, 1986, a copy whereof was sent by the Director Sainik Welfare, HP to the Zila Sainik Welfare Officer, Kulu on 12 -11 -1986 vide Annexure A -9. The applicant is aggrieved by the aforesaid order of fixation of pay, Annexure A -6, as also by the rejection of his representation by the State Government. He claims that under the relevant Rules his pay as a clerk in the pay scale of Rs. 4C0 -6G0 was required to be fixed at Rs. 600 p. m. basic with effect from the date of his appointment i. e., 26 -2 -1985, and prays that the respondents be directed to reflx his pay accordingly and pay him arrears of difference of pay consequent to such re -fixation.

(3.) We have carefully considered the matter with reference to the relevant Rules and Government orders on the subject. There is no dispute that the applicant is an ex -serviceman who had joined the Army after 1 -11 -1962 and was released from the Army on pension in the year 1982. His case is therefore, covered under the provisions of the Demobilised Armed Forces Personnel (Reservation of Vacancies in Himachal State Non -Technical Services) Rules, 1972. Rule 5 of the Rules ibid provides that the period of approved military service rendered after attaining the minimum age prescribed for appointment to the service concerned by the candidate appointed against vacancies reserved for the released Indian Armed Forces personnel, shall count towards fixation of pay and seniority in that service. The reserved vacancies are offered first to those ex -servicemen who joined military service on or after 1st day of November, 1962 and whatever vacancies in the reserved quota are filled up by persons who joined military service after 1st November, 1962. The guidelines for fixation of pay of Ex -Military personnel on their re -employment under the Government of Himachal Pradesh have been laid down in the Finance Department O. M. No. Fin (C) -B (7) -(25)/76, dated the 2nd August, 1983, which has been reproduced in Appendix 9 of the "Booklet on Service Matters Relating to Ex -servicemen" issued in December, 1983 by the Government of Himachal Pradesh, Department of Personnel (Appointment -II), These guidelines have been explained and illustrate in it Chapter 3 of the said Booklet, as extracted in Annexure A -15.